VIENNA CONVENTION ON CONSULAR RELATIONS
AND OPTIONAL PROTOCOLS
U.N.T.S. Nos. 8638-8640, vol. 596,
pp. 262-512
DONE AT VIENNA, ON 24 APRIL 1963
The States Parties to the present Convention,
Recalling that consular relations have been established between
peoples
since ancient times,
Having in mind the
Purposes and Principles of the Charter of the United
Nation
concerning the sovereign equality of States, the maintenance of
international peace and security, and the promotion of friendly
relations
among nations,
Considering that the United
Nations Conference on Diplomatic Intercourse
and Immunities adopted
the Vienna Convention on Diplomatic Relations which
was opened for
signature on 18 April 1961,
Believing that an
international convention on consular relations,
privileges and
immunities would also contribute to the development of
friendly
relations among nations, irrespective of their differing
constitutional and social systems,
Realizing that the
purpose of such privileges and immunities is not to
benefit
individuals but to ensure the efficient performance of functions by
consular posts on behalf of their respective States,
Affirming that the rules of customary international law continue to
govern
matters not expressly regulated by the provisions of the
present
Convention,
Have agreed as follows:
Article 1
DEFINITIONS
1. For the
purposes of the present Convention, the following expressions
shall
have the meanings hereunder assigned to them:
(a)
"consular post" means any consulate-general, consulate,
vice-consulate or consular agency;
(b) "consular district" means
the area assigned to a consular post for
the exercise of consular
functions;
(c) "head of consular post" means the person charged with
the duty of
acting in that capacity;
(d) "consular officer"
means any person, including the head of a consular
post, entrusted
in that capacity with the exercise of consular
functions;
(e)
"consular employee" means any person employed in the administrative
or technical service of a consular post;
(f) "member of the
service staff" means any person employed in the
domestic service of
a consular post;
(g) "members of the consular post" means consular
officers, consular
employees and members of the service staff;
(h) "members of the consular staff" means consular officers, other
than
the head of a consular post, consular employees and members of
the
service staff;
(i) "member of the private staff" means a
person who is employed
exclusively in the private service of a
member of the consular post;
(j) "consular premises"
means the buildings or parts of buildings and the
land ancillary
thereto, irrespective of ownership, used exclusively
for the
purposes of the consular post;
(k) "consular archives" includes all
the papers, documents,
correspondence, books, films, tapes and
registers of the consular
post, together with the ciphers and codes,
the card-indexes and any
article of furniture intended for their
protection or safekeeping.
2. Consular officers are of
two categories, namely career consular officers
and honorary
consular officers. The provisions of Chapter II of the present
Convention apply to consular posts headed by career consular
officers; the
provisions of Chapter III govern consular posts headed
by honorary consular
officers.
3. The particular
status of members of the consular posts who are nationals
or
permanent residents of the receiving State is governed by Article 71 of
the present Convention.
CHAPTER I
CONSULAR RELATIONS IN GENERAL
Section I
ESTABLISHMENT AND CONDUCT OF CONSULAR RELATIONS
Article 2
ESTABLISHMENT OF CONSULAR RELATIONS
1. The establishment of consular relations between States takes
place by
mutual consent.
2. The consent given to the
establishment of diplomatic relations between
two States implies,
unless otherwise stated, consent to the establishment
of consular
relations.
3. The severance of diplomatic relations shall
not ipso facto involve the
severance of consular relations.
Article 3
EXERCISE OF CONSULAR FUNCTIONS
Consular functions are exercised by consular posts. They are also
exercised
by diplomatic missions in accordance with the provisions
of the present
Convention.
Article 4
ESTABLISHMENT OF A CONSULAR POST
1. A consular post may be established in the territory of the
receiving
State only with that State's consent.
2.
The seat of the consular post, its classification and the consular
district shall be established by the sending State and shall be
subject to
the approval of the receiving State.
3.
Subsequent changes in the seat of the consular post, its classification
or the consular district may be made by the sending State only with
the
consent of the receiving State.
4. The consent of
the receiving State shall also be required if a
consulate-general or
a consulate desires to open a vice-consulate or a
consular agency in
a locality other than that in which it is itself
established.
5. The prior express consent of the receiving State shall
also be required
for the opening of an office forming part of an
existing consular post
elsewhere than at the seat thereof.
Article 5
CONSULAR FUNCTIONS
Consular
functions consist in:
(a) protecting in the receiving
State the interests of the sending State
and of its nationals, both
individuals and bodies corporate, within
the limits permitted by
international law;
(b) furthering the development of commercial,
economic, cultural and
scientific relations between the sending
State and the receiving
State and otherwise promoting friendly
relations between them in
accordance with the provisions of the
present Convention;
(c) ascertaining by all lawful means conditions
and developments in the
commercial, economic, cultural and
scientific life of the receiving
State, reporting thereon to the
Government of the sending State and
giving information to persons
interested;
(d) issuing passports and travel documents to nationals
of the sending
State, and visas or appropriate documents to persons
wishing to
travel to the sending State;
(e) helping and
assisting nationals, both individuals and bodies
corporate, of the
sending State;
(f) acting as notary and civil registrar and in
capacities of a similar
kind, and performing certain functions of an
administrative nature,
provided that there is nothing contrary
thereto in the laws and
regulations of the receiving State;
(g)
safeguarding the interests of nationals, both individuals and bodies
corporate, of the sending State in cases of succession mortis causa
in the territory of the receiving State, in accordance with the laws
and regulations of the receiving State;
(h) safeguarding, within
the limits imposed by the laws and regulations
of the receiving
State, the interests of minors and other persons
lacking full
capacity who are nationals of the sending State,
particularly where
any guardianship or trusteeship is required with
respect to such
persons;
(i) subject to the practices and procedures obtaining in
the receiving
State, representing or arranging appropriate
representation for
nationals of the sending State before the
tribunals and other
authorities of the receiving State, for the
purpose of obtaining, in
accordance with the laws and regulations of
the receiving State,
provisional measures for the preservation of
the rights and interests
of these nationals, where, because of
absence or any other reason,
such nationals are unable at the proper
time to assume the defence of
their rights and interests;
(j)
transmitting judicial and extrajudicial documents or executing
letters rogatory or commissions to take evidence for the courts of
the sending State in accordance with international agreements in
force or, in the absence of such international agreements, in any
other manner compatible with the laws and regulations of the
receiving State;
(k) exercising rights of supervision and
inspection provided for in the
laws and regulations of the sending
State in respect of vessels
having the nationality of the sending
State, and of aircraft
registered in that State, and in respect of
their crews;
(l) extending assistance to vessels and aircraft
mentioned in
sub-paragraph (k) of this Article and to their crews,
taking
statements regarding the voyage of a vessel, examining and
stamping
the ship's papers, and, without prejudice to the powers of
the
authorities of the receiving State, conducting investigations
into
any incidents which occurred during the voyage, and settling
disputes
of any kind between the master, the officers and the seamen
in so far
as this may be authorized by the laws and regulations of
the sending
State;
(m) performing any other functions entrusted
to a consular post by the
sending State which are not prohibited by
the laws and regulations of
the receiving State or to which no
objection is taken by the
receiving State or which are referred to
in the international
agreements in force between the sending State
and the receiving
State.
Article 6
EXERCISE OF CONSULAR FUNCTIONS OUTSIDE THE
CONSULAR DISTRICT
A consular officer may, in special
circumstances, with the consent of the
receiving State, exercise his
functions outside his consular district.
Article 7
EXERCISE OF CONSULAR FUNCTIONS IN A THIRD STATE
The sending State may, after notifying the States
concerned, entrust a
consular post established in a particular State
with the exercise of
consular functions in another State, unless
there is express objection by
one of the States concerned.
Article 8
EXERCISE OF CONSULAR FUNCTIONS ON BEHALF OF A
THIRD STATE
Upon appropriate notification to the
receiving State, a consular post of
the sending State may, unless
the receiving State objects, exercise
consular functions in the
receiving State on behalf of a third State.
Article 9
CLASSES OF HEADS OF CONSULAR POSTS
1. Heads of consular posts are divided into four classes, namely:
(a) consuls-general;
(b) consuls;
(c) vice-consuls;
(d)
consular agents.
2. Paragraph 1 of this Article in no way
restricts the right of any of the
Contracting Parties to fix the
designation of consular officers other than
the heads of consular
posts.
Article 10
APPOINTMENT AND ADMISSION OF HEADS OF
CONSULAR POSTS
1. Heads of consular posts are appointed
by the sending State and are
admitted to the exercise of their
functions by the receiving State.
2. Subject to the
provisions of the present Convention, the formalities for
the
appointment and for the admission of the head of a consular post are
determined by the laws, regulations and usages of the sending State
and of
the receiving State respectively.
Article 11
THE CONSULAR COMMISSION OR NOTIFICATION OF
APPOINTMENT
1. The head of a consular post shall be
provided by the sending State with
a document, in the form of a
commission or similar instrument, made out for
each appointment,
certifying his capacity and showing, as a general rule,
his full
name, his category and class, the consular district and the seat
of
the consular post.
2. The sending State shall transmit
the commission or similar instrument
through the diplomatic or other
appropriate channel to the Government of
the State in whose
territory the head of a consular post is to exercise his
functions.
3. If the receiving State agrees, the sending State may,
instead of a
commission or similar instrument, send to the receiving
State a
notification containing the particulars required by
paragraph 1 of this
Article.
Article 12
THE EXEQUATUR
1. The head of a
consular post is admitted to the exercise of his functions
by an
authorization from the receiving State termed an exequatur, whatever
the form of this authorization.
2. A State which
refuses to grant an exequatur is not obliged to give to
the sending
State reasons for such refusal.
3. Subject to the
provisions of Articles 13 and 15, the head of a consular
post shall
not enter upon his duties until he has received an exequatur.
Article 13
PROVISIONAL ADMISSION OF HEADS OF CONSULAR
POSTS
Pending delivery of the exequatur, the head of a
consular post may be
admitted on a provisional basis to the exercise
of his functions. In that
case, the provisions of the present
Convention shall apply.
Article 14
NOTIFICATION TO THE AUTHORITIES OF THE
CONSULAR DISTRICT
As soon as the head of a consular post
is admitted even provisionally to
the exercise of his functions, the
receiving State shall immediately notify
the competent authorities
of the consular district. It shall also ensure
that the necessary
measures are taken to enable the head of a consular post
to carry
out the duties of his office and to have the benefit of the
provisions of the present Convention.
Article 15
TEMPORARY EXERCISE OF THE FUNCTIONS OF THE
HEAD OF A CONSULAR POST
1. If the head of a consular post
is unable to carry out his functions or
the position of head of
consular post is vacant, an acting head of post may
act
provisionally as head of the consular post.
2. The full
name of the acting head of post shall be notified either by the
diplomatic mission of the sending State or, if that State has no
such
mission in the receiving State, by the head of the consular
post, or, if he
is unable to do so, by any competent authority of
the sending State, to the
Ministry for Foreign Affairs of the
receiving State or to the authority
designated by that Ministry. As
a general rule, this notification shall be
given in advance. The
receiving State may make the admission as acting head
of post of a
person who is neither a diplomatic agent nor a consular
officer of
the sending State in the receiving State conditional on its
consent.
3. The competent authorities of the receiving State shall
afford assistance
and protection to the acting head of post. While
he is in charge of the
post, the provisions of the present
Convention shall apply to him on the
same basis as to the head of
the consular post concerned. The receiving
State shall not, however,
be obliged to grant to an acting head of post any
facility,
privilege or immunity which the head of the consular post enjoys
only subject to conditions not fulfilled by the acting head of post.
4. When, in the circumstances referred to in paragraph 1
of this Article, a
member of the diplomatic staff of the diplomatic
mission of the sending
State in the receiving State is designated by
the sending State as an
acting head of post, he shall, if the
receiving State does not object
thereto, continue to enjoy
diplomatic privileges and immunities.
Article 16
PRECEDENCE AS BETWEEN HEADS OF CONSULAR POSTS
1. Heads of consular posts shall rank in each class
according to the date
of the grant of the exequatur.
2. If, however, the head of a consular post before obtaining the
exequatur
is admitted to the exercise of his functions
provisionally, his precedence
shall be determined according to the
date of the provisional admission;
this precedence shall be
maintained after the granting of the exequatur.
3. The
order of precedence as between two or more heads of consular posts
who obtained the exequatur or provisional admission on the same date
shall
be determined according to the dates on which their
commissions or similar
instruments or the notifications referred to
in paragraph 3 of Article 11
were presented to the receiving State.
4. Acting heads of posts shall rank after all heads of
consular posts and,
as between themselves, they shall rank according
to the dates on which they
assumed their functions as acting heads
of posts as indicated in the
notifications given under paragraph 2
of Article 15.
5. Honorary consular officers who are
heads of consular posts shall rank in
each class after career heads
of consular posts, in the order and according
to the rules laid down
in the foregoing paragraphs.
6. Heads of consular posts
shall have precedence over consular officers not
having that status.
Article 17
PERFORMANCE OF DIPLOMATIC ACTS BY CONSULAR
OFFICERS
1. In a State where the sending State has no
diplomatic mission and is not
represented by a diplomatic mission of
a third State, a consular officer
may, with the consent of the
receiving State, and without affecting his
consular status, be
authorized to perform diplomatic acts. The performance
of such acts
by a consular officer shall not confer upon him any right to
claim
diplomatic privileges and immunities.
2. A consular
officer may, after notification addressed to the receiving
State,
act as representative of the sending State to any inter-governmental
organization. When so acting, he shall be entitled to enjoy any
privileges
and immunities accorded to such a representative by
customary international
law or by international agreements; however,
in respect of the performance
by him of any consular function, he
shall not be entitled to any greater
immunity from jurisdiction than
that to which a consular officer is
entitled under the present
Convention.
Article 18
APPOINTMENT OF THE SAME PERSON BY TWO OR MORE
STATES
AS A CONSULAR OFFICER
Two or more States may,
with the consent of the receiving State, appoint
the same person as
a consular officer in that State.
Article 19
APPOINTMENT OF MEMBERS OF CONSULAR STAFF
1. Subject to the provisions of Articles 20, 22 and 23,
the sending State
may freely appoint the members of the consular
staff.
2. The full name, category and class of all
consular officers, other than
the head of a consular post, shall be
notified by the sending State to the
receiving State in sufficient
time for the receiving State, if it so
wishes, to exercise its
rights under paragraph 3 of Article 23.
3. The sending
State may, if required by its laws and regulations, request
the
receiving State to grant an exequatur to a consular officer other than
the head of a consular post.
4. The receiving State
may, if required by its laws and regulations, grant
an exequatur to
a consular officer other than the head of a consular post.
Article 20
SIZE OF THE CONSULAR STAFF
In
the absence of an express agreement as to the size of the consular
staff, the receiving State may require that the size of the staff be
kept
within limits considered by it to be reasonable and normal,
having regard
to circumstances and conditions in the consular
district and to the needs
of the particular post.
Article 21
PRECEDENCE AS BETWEEN CONSULAR OFFICERS OF A
CONSULAR POST
The order of precedence as between the
consular officers of a consular post
and any change thereof shall be
notified by the diplomatic mission of the
sending State or, if that
State has no such mission in the receiving State,
by the head of the
consular post, to the Ministry for Foreign Affairs of
the receiving
State or to the authority designated by that Ministry.
Article 22
NATIONALITY OF CONSULAR OFFICERS
1. Consular officers should, in principle, have the nationality of
the
sending State.
2. Consular officers may not be
appointed from among persons having the
nationality of the receiving
State except with the express consent of that
State which may be
withdrawn at any time.
3. The receiving State may reserve
the same right with regard to nationals
of a third State who are not
also nationals of the sending State.
Article 23
PERSONS DECLARED "NON GRATA"
1. The receiving State may at any time notify the sending State that
a
consular officer is persona non grata or that any other member of
the
consular staff is not acceptable. In that event, the sending
State shall,
as the case may be, either recall the person concerned
or terminate his
functions with the consular post.
2.
If the sending State refuses or fails within a reasonable time to carry
out its obligations under paragraph 1 of this Article, the receiving
State
may, as the case may be, either withdraw the exequatur from
the person
concerned or cease to consider him as a member of the
consular staff.
3. A person appointed as a member of a
consular post may be declared
unacceptable before arriving in the
territory of the receiving State or, if
already in the receiving
State, before entering on his duties with the
consular post. In any
such case, the sending State shall withdraw his
appointment.
4. In the cases mentioned in paragraphs 1 and 3 of this
Article, the
receiving State is not obliged to give to the sending
State reasons for its
decision.
Article 24
NOTIFICATION TO THE RECEIVING STATE OF
APPOINTMENTS,
ARRIVALS AND DEPARTURES
1. The Ministry
for Foreign Affairs of the receiving State or the authority
designated by that Ministry shall be notified of:
(a)
the appointment of members of a consular post, their arrival after
appointment to the consular post, their final departure or the
termination of their functions and any other changes affecting their
status that may occur in the course of their service with the
consular post;
(b) the arrival and final departure of a person
belonging to the family
of a member of a consular post forming part
of his household and,
where appropriate, the fact that a person
becomes or ceases to be
such a member of the family;
(c) the
arrival and final departure of members of the private staff and,
where appropriate, the termination of their service as such;
(d)
the engagement and discharge of persons resident in the receiving
State as members of a consular post or as members of the private
staff entitled to privileges and immunities.
2. When
possible, prior notification of arrival and final departure shall
also be given.
Section II
END OF CONSULAR FUNCTIONS
Article 25
TERMINATION OF THE FUNCTIONS OF A MEMBER OF A
CONSULAR POST
The functions of a member of a consular
post shall come to an end inter
alia:
(a) on
notification by the sending State to the receiving State that his
functions have come to an end;
(b) on withdrawal of the
exequatur;
(c) on notification by the receiving State to the sending
State that the
receiving State has ceased to consider him as a
member of the
consular staff.
Article 26
DEPARTURE FROM THE TERRITORY OF THE RECEIVING
STATE
The receiving State shall, even in case of armed
conflict, grant to members
of the consular post and members of the
private staff, other than nationals
of the receiving State, and to
members of their families forming part of
their households
irrespective of nationality, the necessary time and
facilities to
enable them to prepare their departure and to leave at the
earliest
possible moment after the termination of the functions of the
members concerned. In particular, it shall, in case of need, place
at their
disposal the necessary means of transport for themselves
and their property
other than property acquired in the receiving
State the export of which is
prohibited at the time of departure.
Article 27
PROTECTION OF CONSULAR PREMISES AND ARCHIVES
AND OF THE INTERESTS OF THE
SENDING STATE IN EXCEPTIONAL
CIRCUMSTANCES
1. In the event of the severance of
consular relations between two States:
(a) the receiving
State shall, even in case of armed conflict, respect
and protect the
consular premises, together with the property of the
consular post
and the consular archives;
(b) the sending State may entrust the
custody of the consular premises,
together with the property
contained therein and the consular
archives, to a third State
acceptable to the receiving State;
(c) the sending State may entrust
the protection of its interests and
those of its nationals to a
third State acceptable to the receiving
State.
2. In
the event of the temporary or permanent closure of a consular post,
the provisions of sub-paragraph (a) of paragraph 1 of this Article
shall
apply. In addition,
(a) if the sending State,
although not represented in the receiving State
by a diplomatic
mission, has another consular post in the territory
of that State,
that consular post may be entrusted with the custody
of the premises
of the consular post which has been closed, together
with the
property contained therein and the consular archives, and,
with the
consent of the receiving State, with the exercise of
consular
functions in the district of that consular post; or
(b) if the
sending State has no diplomatic mission and no other consular
post
in the receiving State, the provisions of sub-paragraphs (b) and
(c)
of paragraph 1 of this Article shall apply.
CHAPTER II
FACILITIES, PRIVILEGES AND IMMUNITIES
RELATING TO CONSULAR POSTS, CAREER CONSULAR OFFICERS
AND OTHER
MEMBERS OF A CONSULAR POST
Section I
FACILITIES, PRIVILEGES AND IMMUNITIES
RELATING TO A CONSULAR
POST
Article 28
FACILITIES FOR THE WORK OF THE CONSULAR POST
The receiving State shall accord full facilities for the
performance of the
functions of the consular post.
Article 29
USE OF NATIONAL FLAG AND COAT-OF-ARMS
1. The sending State shall have the right to the use of
its national flag
and coat-of-arms in the receiving State in
accordance with the provisions
of this Article.
2.
The national flag of the sending State may be flown and its coat-of-arms
displayed on the building occupied by the consular post and at the
entrance
door thereof, on the residence of the head of the consular
post and on his
means of transport when used on official business.
3. In the exercise of the right accorded by this Article
regard shall be
had to the laws, regulations and usages of the
receiving State.
Article 30
ACCOMMODATION
1. The receiving
State shall either facilitate the acquisition on its
territory, in
accordance with its laws and regulations, by the sending
State of
premises necessary for its consular post or assist the latter in
obtaining accommodation in some other way.
2. It
shall also, where necessary, assist the consular post in obtaining
suitable accommodation for its members.
Article 31
INVIOLABILITY OF THE CONSULAR PREMISES
1. Consular premises shall be inviolable to the extent
provided in this
Article.
2. The authorities of the
receiving State shall not enter that part of the
consular premises
which is used exclusively for the purpose of the work of
the
consular post except with the consent of the head of the consular post
or of his designee or of the head of the diplomatic mission of the
sending
State. The consent of the head of the consular post may,
however, be
assumed in case of fire or other disaster requiring
prompt protective
action.
3. Subject to the
provisions of paragraph 2 of this Article, the receiving
State is
under a special duty to take all appropriate steps to protect the
consular premises against any intrusion or damage and to prevent any
disturbance of the peace of the consular post or impairment of its
dignity.
4. The consular premises, their furnishings, the
property of the consular
post and its means of transport shall be
immune from any form of
requisition for purposes of national defence
or public utility. If
expropriation is necessary for such purposes,
all possible steps shall be
taken to avoid impeding the performance
of consular functions, and prompt,
adequate and effective
compensation shall be paid to the sending State.
Article 32
EXEMPTION FROM TAXATION OF CONSULAR PREMISES
1. Consular premises and the residence of the career head
of consular post
of which the sending State or any person acting on
its behalf is the owner
or lessee shall be exempt from all national,
regional or municipal dues and
taxes whatsoever, other than such as
represent payment for specific
services rendered.
2.
The exemption from taxation referred to in paragraph 1 of this Article
shall not apply to such dues and taxes if, under the law of the
receiving
State, they are payable by the person who contracted with
the sending State
or with the person acting on its behalf.
Article 33
INVIOLABILITY OF THE CONSULAR ARCHIVES AND
DOCUMENTS
The consular archives and documents shall be
inviolable at all times and
wherever they may be.
Article 34
FREEDOM OF MOVEMENT
Subject to
its laws and regulations concerning zones entry into which is
prohibited or regulated for reasons of national security, the
receiving
State shall ensure freedom of movement and travel in its
territory to all
members of the consular post.
Article 35
FREEDOM OF COMMUNICATION
1.
The receiving State shall permit and protect freedom of communication on
the part of the consular post for all official purposes. In
communicating
with the Government, the diplomatic missions and other
consular posts,
wherever situated, of the sending State, the
consular post may employ all
appropriate means, including diplomatic
or consular couriers, diplomatic or
consular bags and messages in
code or cipher. However, the consular post
may install and use a
wireless transmitter only with the consent of the
receiving State.
2. The official correspondence of the consular post shall
be inviolable.
Official correspondence means all correspondence
relating to the consular
post and its functions.
3.
The consular bag shall be neither opened nor detained. Nevertheless, if
the competent authorities of the receiving State have serious reason
to
believe that the bag contains something other than the
correspondence,
documents or articles referred to in paragraph 4 of
this Article, they may
request that the bag be opened in their
presence by an authorized
representative of the sending State. If
this request is refused by the
authorities of the sending State, the
bag shall be returned to its place of
origin.
4. The
packages constituting the consular bag shall bear visible external
marks of their character and may contain only official
correspondence and
documents or articles intended exclusively for
official use.
5. The consular courier shall be provided
with an official document indicating
his status and the number of
packages constituting the consular bag.
Except with the consent of
the receiving State he shall be neither a
national of the receiving
State, nor, unless he is a national of the
sending State, a
permanent resident of the receiving State. In the
performance of his
functions he shall be protected by the receiving State.
He shall
enjoy personal inviolability and shall not be liable to any form
of
arrest or detention.
6. The sending State, its diplomatic
missions and its consular posts may
designate consular couriers ad
hoc. In such cases the provisions of
paragraph 5 of this Article
shall also apply except that the immunities
therein mentioned shall
cease to apply when such a courier has delivered to
the consignee
the consular bag in his charge.
7. A consular bag may be
entrusted to the captain of a ship or of a
commercial aircraft
scheduled to land at an authorized port of entry. He
shall be
provided with an official document indicating the number of
packages
constituting the bag, but he shall not be considered to be a
consular courier. By arrangement with the appropriate local
authorities,
the consular post may send one of its members to take
possession of the bag
directly and freely from the captain of the
ship or of the aircraft.
Article 36
COMMUNICATION AND CONTACT WITH NATIONALS OF
THE SENDING STATE
1. With a view to facilitating the
exercise of consular functions relating
to nationals of the sending
State:
(a) consular officers shall be free to communicate
with nationals of the
sending State and to have access to them.
Nationals of the sending
State shall have the same freedom with
respect to communication with
and access to consular officers of the
sending State;
(b) if he so requests, the competent authorities of
the receiving State
shall, without delay, inform the consular post
of the sending State
if, within its consular district, a national of
that State is
arrested or committed to prison or to custody pending
trial or is
detained in any other manner. Any communication
addressed to the
consular post by the person arrested, in prison,
custody or detention
shall also be forwarded by the said authorities
without delay. The
said authorities shall inform the person
concerned without delay of
his rights under this sub-paragraph;
(c) consular officers shall have the right to visit a national of
the
sending State who is in prison, custody or detention, to
converse and
correspond with him and to arrange for his legal
representation. They
shall also have the right to visit any national
of the sending State
who is in prison, custody or detention in their
district in pursuance
of a judgment. Nevertheless, consular officers
shall refrain from
taking action on behalf of a national who is in
prison, custody or
detention if he expressly opposes such action.
2. The rights referred to in paragraph 1 of this Article
shall be exercised
in conformity with the laws and regulations of
the receiving State, subject
to the proviso, however, that the said
laws and regulations must enable
full effect to be given to the
purposes for which the rights accorded under
this Article are
intended.
Article 37
INFORMATION IN CASES OF DEATHS,
GUARDIANSHIP OR TRUSTEESHIP,
WRECKS AND AIR ACCIDENTS
If the relevant information is available to the competent
authorities of
the receiving State, such authorities shall have the
duty:
(a) in the case of the death of a national of the
sending State, to
inform without delay the consular post in whose
district the death
occurred;
(b) to inform the competent
consular post without delay of any case where
the appointment of a
guardian or trustee appears to be in the
interests of a minor or
other person lacking full capacity who is a
national of the sending
State. The giving of this information shall,
however, be without
prejudice to the operation of the laws and
regulations of the
receiving State concerning such appointments;
(c) if a vessel,
having the nationality of the sending State, is wrecked
or runs
aground in the territorial sea or internal waters of the
receiving
State, or if an aircraft registered in the sending State
suffers an
accident on the territory of the receiving State, to
inform without
delay the consular post nearest to the scene of the
occurrence.
Article 38
COMMUNICATION WITH THE AUTHORITIES OF THE
RECEIVING STATE
In the exercise of their functions,
consular officers may address:
(a) the competent local
authorities of their consular district;
(b) the competent central
authorities of the receiving State if and to
the extent that this is
allowed by the laws, regulations and usages
of the receiving State
or by the relevant international agreements.
Article 39
CONSULAR FEES AND CHARGES
1. The consular post may
levy in the territory of the receiving State the
fees and charges
provided by the laws and regulations of the sending State
for
consular acts.
2. The sums collected in the form of the
fees and charges referred to in
paragraph 1 of this Article, and the
receipts for such fees and charges,
shall be exempt from all dues
and taxes in the receiving State.
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